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Bobby Thompson was a quiet spectator in his trial today as the judge, prosecution and defense took turns questioning potential jurors who will determine his fate on charges of running a national veterans charity scam.
(Marvin Fong, The Plain Dealer)

CLEVELAND, Ohio - Judge Steven Gall gazed over the Cuyahoga County Common Pleas courtroom packed with more than 70 jurors this morning and quipped, “I guess the music stopped, everybody’s got their seat.”

The joke brought the desired ice-breaking chuckle from the people who could be determining the guilt or innocence of accused veterans charity swindler Bobby Thompson.

Authorities say that Thompson, a stolen identity used by FBI fugitive John Cody, bilked more than $100 million from donors nationwide to his U.S. Navy Veterans Association charity from 2002-2010.

Jury selection was the primary order of business in this second day of a trial expected to last more than a month, and has drawn national media attention.

Before the potential jurors were seated, Gall made an effort to cut that trial time by telling Thompson that if he pleaded guilty to charges that could carry a 40-year prison term, the judge might consider a sentence of 15 years or possibly less.

The offer was not immediately accepted so the judge took a dip in the jury pool that represented an almost even mix of genders and a range of ages.

Potential jurors were introduced to the prosecution and defense attorneys, and got a soft “Good morning” and a smile from Thompson in their first interaction with the defendant.

Gall told the group that “your job will be more difficult and more important than mine,” in the upcoming trial.

In his questions to the jurors, Gall kept the tone historic, official and sometimes light – as when one person couldn’t recall the name of the judge in a trial that she had previously served on as a juror.

“They never remember who the judge is,” Gall mock-growled, sliding his nameplate closer to face the jury box.

On a serious note Gall told jurors they would be deciding the defendant’s fate based on the standard of beyond a reasonable doubt, and reminded them that in the trial “he (Thompson) doesn’t have to say a word, and you can’t hold that against him.”

The prosecution and defense then took turns questioning the first 14 jury candidates.

Melinda Kowalski, assistant attorney general, asked, “Do you understand this is no place for sympathy or empathy? You’re going to have to apply the law whether you agree with it or not.”

She also noted for them that “beyond a reasonable doubt is not beyond ALL doubt.”

At times her questions and those of Joseph Patituce, defense attorney, probed for the jury candidates’ opinions of charities and telemarketers used by charities to raise funds.

At one point Patituce asked a potential juror, “Without going into why, is it fair to say you have a preconceived opinion of my client?”

“I’m doing my best,” the man replied.

Patituce responded, “You say you’re trying your best to keep an open mind, do you think you’ll be able to do that or that you should be excused?”

”That’s a tough choice,” the man said. “Do you want the truth or want me to say yes?”

(Out in the jury pool, a woman whispered to her companion, “It’s like we’re on trial.”)

Patituce finally asked, “If the seats were reversed, would you want to be sitting over there (pointing to Thompson)?”

“No,” the man admitted.

To another jury candidate who, like many, expressed reservations about the amount of time the trial would involve, Patituce finally asked, “Do you WANT to be a juror on this case?”

“Oh no!” the man conceded, to ripples of laughter from the jury pool.

Jury candidates resumed doing laps through judicial questioning after a lunch break in the afternoon, and the selection is expected to continue Wednesday.

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